A violência doméstica e familiar entre militares do estado de Goiás e a possibilidade de transgressão aos direitos humanos da mulher na primeira fase da persecução penal

Abstract

Federal Law no. 13.491/2017 alters the jurisdiction of the Brazilian Military Justice, transforming extravagant military crimes all offenses committed by and against active military in a context of domestic and family violence. With this assumption, this monograph conducts a brief study on the applicability of the Maria da Penha Law (Law no. 11.340/2006) in the field of Military Criminal Law, specifically the rules defined in the pre-procedural phase. A deductive approach methodology is used as the standard monographic procedure, so that this research can be used as bibliographic, documentary and descriptive. The direct analysis feature of the military institutions of the State of Goiás (Fire Department and Military Police), which demonstrates that the Military Justice and the Common Justice protect the distinct legal assets; and that as institutions responsible for the first phase of criminal prosecution of areas such as spheres have different structure and system of operation. This fact explained by determinations contained in the Maria da Penha Law is no longer observed. Evidence, therefore, unconstitutionality of Law no. 13.491/2017, which allows the violation of human rights of women.